Don't Ask, Don't Tell Me You Have a Good Faith Belief in Nonliability

Atlantic Casualty disclaimed liability coverage based on its insured's late notice of an accident. The insured attempted to explain its late notice by claiming that it had a good faith belief in nonliability, one of the judicially recognized excuses for late notice in New York. The motion court was unpersuaded, granting summary judgment to Atlantic Casualty in this declaratory judgment action.

Insureds who do not inquire into the circumstances of a known accident may not legitimately claim that they had a reasonable, good faith belief in nonliability so as to excuse their late reporting of the accident to their liability insurers.

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